City Council

TO: Mark D. Boughton and Members of the Common Council RE: Minutes of the Common Council Meeting held March 7, 2006 The meeting was called to order at 7:30 P.M. The Prayer and Pledge of Allegiance were offered. The members were recorded as: PRESENT – McMahon, Johnson, Trombetta, Calandrino, Cavo, Perkins, Chianese, Esposito, Saadi, Nolan, Basso, Rotello, Diggs, Teicholz, Cutsumpas, Riley, Saracino, Seabury, Stanley, Taborsak ABSENT – Visconti 20 PRESENT – 1 ABSENT Mr. Visconti was ill PUBLIC SPEAKING Daniel Sellner – spoke in support of Bond Issue for new Police Headquarters Milena Sangut – spoke in support of the Homeless Task Force report Mark Nolan, Brushy Hill Road – spoke in support of the Bond Issue for the parking garage MINUTES – Minutes of the Common Council Meeting held February 7, 2006. Mr. Nolan to adopt the minutes as presented and waive the reading as all members have copies. Seconded by Mr. Cavo. Motion carried unanimously. CONSENT CALENDAR – Mrs. Basso presented the following items for the Consent Calendar: 1 – Receive the communication and approve the resolution authorizing Mayor Mark Boughton to make application, execute contracts or agreements and accept funding from the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $150,000 for Rogers Park drainage improvements, $164,470 for the Danbury Library HVAC system, $95,680 for repairing city sidewalks, $50,000 to improve soccer fields at Kenosia Park and $50,000 to improve soccer fields in Rogers Park. 2 – Receive the communication and approve the resolution to enable Mayor Mark Boughton to apply for and accept funding in the amount of $75,000 from the State of Connecticut on behalf of Danbury Youth Services. 3 – Receive the communication and approve the resolution authorizing Mayor Mark Boughton to apply for and accept grant funding from the Edward Byrne Memorial Justice Assistance Grant Program (JAG) in the amount of $16,657 on behalf of the Danbury Police Department. 6 – Receive the communication and approve the reappointments of Paul Estefan and Michael Safranek as Parking Ticket Hearing Officers for the City of Danbury with terms to expire July 1, 2007. 7 – Receive the communication and approve the appointment of Margaret L. Koschel and Richard Jannelli to positions on the Fair Rent Commission with terms to expire on July 1, 2008. 8 – Receive the communication and approve the appointment of Usha Kumar to the Redevelopment Authority with a term to expire on January 1, 2011. 9 – Receive the communication and approve the reappointment of Paul Estefan and Michael Safranek to positions as Towing Hearing Officers for the City of Danbury with terms to expire July 1, 2007. Page 1 of 22  10 – Receive the communication and approve the reappointment of Anthony F. Vitti and Robie Lou Barile as members of the Commission for Persons with Disabilities with terms to expire March 1, 2009. 11 – Receive the communication and approve the appointments of Ronald A. Haberman and Lila Shaker as members of the Commission on Aging with terms to expire on October 1, 2008 and to approve the appointments of Mary V. Mazzucco and Jacquelyn Szarka as alternate members of the Commission on Aging with terms to expire on October 1, 2008. 17 – Receive the communication and approve the transfer of $25,000 into the Special Services Account of the Danbury Fire Department. 20 – Receive the communication and approve the transfer of $5,600 to the Registrar of Voters line item 1060.5334 from the Contingency Account. 25 – Receive the communication and approve the extension of time of 18 months for the Stew Leonard’s installation of municipal water at 99 Federal Road. 30 – Receive the report and approve the resolution as recommended by the committee, accepting the Plan developed by the Mayor’s Task Force to end Homelessness in Danbury. 31 – Receive the report and approve the lease amendment for the Boxwood Lane water tank, as recommended by the committee, pending a positive report from the Planning Commission. Ms. Saracino made a motion to adopt the Consent Calendar as presented. Seconded by Mr. Cavo. Motion carried unanimously. 1 – RESOLUTIONS – LoCIP 2005-2006 Application RESOLVED by the Common Council of the City of Danbury: WHEREAS, the City of Danbury is eligible to make application for State grant funds through the Office of Policy and Management under the Local Capital Improvement Program (LoCIP) for local programs within the meaning of Section 7-536(a)(4) of the General Statutes of the State of Connecticut; and WHEREAS, the City of Danbury desires to make application for a State grant in the amount of $150,000 to cover the cost of Rogers Park drainage improvements; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, the City will maintain detailed accounting records of said project and make them available to the Office of Policy and Management of the State of Connecticut upon request; and WHEREAS, the Common Council hereby approves said project and its financing. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury be and hereby is authorized to make application to the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $150,000 for Rogers Park drainage improvements, to execute any contracts or agreements in connection therewith, to accept payments and to do any and all things necessary to effectuate the purposes hereof. RESOLVED by the Common Council of the City of Danbury: 2 Page 2 of 22  WHEREAS, the City of Danbury is eligible to make application for State grant funds through the Office of Policy and Management under the Local Capital Improvement Program (LoCIP) for local programs within the meaning of Section 7-536(a)(4) of the General Statutes of the State of Connecticut; and WHEREAS, the City of Danbury desires to make application for a State grant in the amount of $164,470.00 to cover the cost to overhaul the Danbury Library HVAC system; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, the City will maintain detailed accounting records of said project and make them available to the Office of Policy and Management of the State of Connecticut upon request; and WHEREAS, the Common Council hereby approves said project and its financing. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury be and hereby is authorized to make application to the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $164,470.00 to cover the cost to overhaul the Danbury Library HVAC system to execute any contracts or agreements in connection therewith, to accept payments and to do any and all things necessary to effectuate the purposes hereof. RESOLVED by the Common Council of the City of Danbury: WHEREAS, the City of Danbury is eligible to make application for State grant funds through the Office of Policy and Management under the Local Capital Improvement Program (LoCIP) for local programs within the meaning of Section 7-536(a)(4) of the General Statutes of the State of Connecticut; and WHEREAS, the City of Danbury desires to make application for a State grant in the amount of $95,680.00 to cover the cost of Repairing City Sidewalks; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, the City will maintain detailed accounting records of said project and make them available to the Office of Policy and Management of the State of Connecticut upon request; and WHEREAS, the Common Council hereby approves said project and its financing; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury be and hereby is authorized to make application to the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $95,680.00 for Repairing City Sidewalks, to execute any contracts or agreements in connection therewith, to accept payments and to do any and all things necessary to effectuate the purposes hereof. RESOLVED by the Common Council of the City of Danbury: 3 Page 3 of 22  WHEREAS, the City of Danbury is eligible to make application for State grant funds through the Office of Policy and Management under the Local Capital Improvement Program (LoCIP) for local programs within the meaning of Section 7-536(a)(4) of the General Statutes of the State of Connecticut; and WHEREAS, the City of Danbury desires to make application for a State grant in the amount of $50,000.00 to restore and improve the soccer fields in Kenosia Park; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, the City will maintain detailed accounting records of said project and make them available to the Office of Policy and Management of the State of Connecticut upon request; and WHEREAS, the Common Council hereby approves said project and its financing. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury be and hereby is authorized to make application to the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $50,000.00 to restore and improve the soccer field in Kenosia Park, to execute any contracts or agreements in connection therewith, to accept payments and to do any and all things necessary to effectuate the purposes hereof. RESOLVED by the Common Council of the City of Danbury: WHEREAS, the City of Danbury is eligible to make application for State grant funds through the Office of Policy and Management under the Local Capital Improvement Program (LoCIP) for local programs within the meaning of Section 7-536(a)(4) of the General Statutes of the State of Connecticut; and WHEREAS, the City of Danbury desires to make application for a State grant in the amount of $50,000 to restore and improve the soccer fields in Rogers Park; and WHEREAS, said project is consistent with the City of Danbury’s capital improvement program authorized for a five year period by the Danbury Planning Commission in February 2005; and WHEREAS, the City will maintain detailed accounting records of said project and make them available to the Office of Policy and Management of the State of Connecticut upon request; and WHEREAS, the Common Council hereby approves said project and its financing. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury be and hereby is authorized to make application to the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $50,000 to restore and improve the soccer fields in Rogers Park, to execute any contracts or agreements in connection therewith, to accept payments and to do any and all things necessary to effectuate the purposes hereof. The communication was received on the Consent Calendar and the resolutions authorizing Mayor Mark D. Boughton to make application, execute contracts or agreements and accept funding from the State of Connecticut under its Local Capital Improvement Program (LoCIP) in the amount of $150,000 for Rogers Park drainage improvements, $164,470 for the Danbury Library HVAC system, $95,680 for repairing city sidewalks, $50,000 to 4 Page 4 of 22  improve soccer fields at Kenosia Park and $50,000 to improve soccer fields in Rogers Park adopted. 2 – RESOLUTION – Danbury Youth Services RESOLVED by the Common Council of the City of Danbury: WHEREAS, grant funds in an amount not to exceed seventy-five thousand dollars ($75,000) are available from the State of Connecticut Department of Education for 2006-07 Youth Services Bureau operations; and WHEREAS, the continuation of the Youth Services Bureau for a twenty-ninth year is deemed to be in the best interest of the City of Danbury. NOW, THEREFORE, BE IT RESOLVED THAT the actions of Mark D. Boughton as Mayor of the City of Danbury in applying for these funds be and hereby are ratified and that Mayor Boughton be and hereby is authorized and directed to contract with the State of Connecticut Department of Education for a state cost sharing grant not to exceed $75,000 for a Youth Service Bureau for the fiscal period commencing July 1,2006. BE IT FURTHER RESOLVED THAT the Mayor is authorized to execute any and all documents, applications or other pertinent instruments to this program. The communication was received on the Consent Calendar and the resolution to enable Mayor Mark Boughton to apply for and accept funding in the amount of $75,000 from the State of Connecticut on behalf of Danbury Youth Services adopted. 3 – RESOLUTION – Edward Byrne Memorial Justice Assistance Grant RESOLVED by the U. S. Department of Justice, Justice Assistance Grant Program (JAG) under the Fiscal Year 2006 Local Solicitation (Edward Byrne Memorial) has advised the City of Danbury of its eligibility to apply to JAG for a direct award of $16,657.00 under this program with no local cash match required; and WHEREAS, the funding under this new program will be used by the Danbury Police Department to purchase various items of equipment to enhance effective law enforcement within the City of Danbury; and WHEREAS, the grant period will run for four (4) years from the date of the initial payment received. NOW, THEREFORE, BE IT RESOLVED THAT Mark D. Boughton, Mayor of the City of Danbury is hereby authorized to apply for and accept such grant award and the Mayor is authorized to sign any contracts/documents in connection therewith and do all things necessary to effectuate the purposes of said grant. The communication was received on the Consent Calendar and the resolution authorizing Mayor Mark Boughton to apply for and accept grant funding from the Edward Byrne Memorial Justice Assistance Grant Program (JAG) in the amount of $16,657 on behalf of the Danbury Police Department adopted. 4 – COMMUNICATION – Letter from Mayor Boughton requesting confirmation of the appointments of Gary Bruce, Keith Sellick, Theodore Mourges, Michael Sedgwick, John Whitehead and Adam Hughes to the position of Firefighter. Mr. Seabury made a motion to receive the communication and confirm the appointments. Seconded by Mrs. Basso. Motion carried unanimously. 5 – COMMUNICATION – Appointment of Police Officer 5 Page 5 of 22  Letter from Mayor Boughton requesting confirmation of the appointment of Andre Havasi and Michael Reo as police officers. Mrs. McMahon made a motion to receive the communication and confirm the appointments. Seconded by Mr. Chianese. Motion carried unanimously. 6 – COMMUNICATION – Reappointment of Parking Ticket Hearing Officers Letter requesting confirmation of the reappointment of Paul Estefan and M. Safranek to serve as Parking Ticket Hearing Officers with terms to expire July 1, 2007. The appointments were confirmed on the consent calendar. 7 – COMMUNICATION – Appointments to the Fair Rent Commission Letter requesting confirmation of the appointment of Margaret Koschel and Richard Jannelli to the Fair Rent Commission for terms to expire July 1, 2008. The appointments were confirmed on the Consent Calendar. 8 – COMMUNICATION – Appointment to the Redevelopment Agency Letter requesting confirmation of the appointment of Usha Kumar to the Redevelopment Authority with a term to expire January 1, 2011. The appointment was confirmed on the consent calendar. 9 – COMMUNICATION – Reappointment of Towing Hearing Officers Letter requesting reappointment of Paul Estefan and M. Safranek to serve as Towing Hearing Officers for terms to expire July 1, 2007. The reappointments were confirmed on the Consent Calendar. 10 – COMMUNICATION – Reappointment to the Commission on Persons with Disabilities Letter requesting confirmation of the reappointment of Anthony F. Vitti and Robie Lou Barile to the Commission for Persons with Disabilities with terms to expire March 1, 2009. The reappointments were confirmed on the Consent Calendar. 11 – COMMUNICATION – Appointments to the Commission on Aging Letter requesting confirmation of the appointment of Ronald A. Haberman and Lila Shaker to the Commission on Aging for terms to expire October 1, 2008 and the appointment of Mary Mazzucco and Jacquelyn Szarka as alternates for terms to expire October 1, 2006. The appointments were confirmed on the Consent Calendar. 12 – COMMUNICATION – Donations to the Department of Elderly Services Letter from Susan M. Tomanio requesting permission to accept donations in the total amount of $110.00 to be used for office supplies; $120 worth of Girl Scout cookies and a donation of $2,250 from John Klien of Union Savings Bank to purchase a coffee urn system. Mr. Cavo made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Mr. Saadi. Motion carried unanimously. 13 – COMMUNICATION – Donation to the Parks and Recreation Department Letter regarding request of Danbury Youth Baseball to donate funds in the amount of $2,018 to perform field improvements in Rogers Park. Mrs. Stanley made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mr. Riley. Motion carried unanimously. 14 – COMMUNICATION – Donation to the Police Department 6 Page 6 of 22  Letter from Tim and Noelle Mathewson offering to donate the sum of $4,750 to cover the cost of two defribillators, two wall mount cases and one hand held metal detection want to the Danbury Police Department. Mr. Johnson made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mrs. McMahon. Motion carried unanimously. 15 – COMMUNICATION – Request for Funding – Public Works Request from the Public Works Director that the sum of $255,000 be appropriated for the remainder of the fiscal year for departments as outlined. A certification of funds was attached. Mr. Cutsumpas made a motion to receive the communication and authorize the transfer of funds as outlined. Seconded by Mr. Riley. Motion carried unanimously. 16 – COMMUNICATION – Request for Funds – Tarrywile Park Request from Tarrywile Park Executive Director Sandra Moy requesting reimbursement for the amount of $4,214.38 to cover the cost of refinishing the floors and the cleanup work at Tarrywile Mansion. A certification of funds was attached. Ms. Saracino made a motion to receive the communication and authorize the reimbursement of funds. Seconded by Mrs. Teicholz. Motion carried unanimously. 17 – COMMUNICATION – Fire Department Special Services Account Request from Fire Chief Peter Siecienski that the sum of $25,000 be transferred into the Special Services Account due to ongoing events. The transfer of funds was authorized on the Consent Calendar. 18 – COMMUNICATION – Request for Funds – Personnel Department Request from Director of Finance and Personnel Dena Diorio that the sum of $75,000 be transferred into the Labor Negotiations/Professional Services account from the Employee Health & Life Insurance/Cont to Employee Group Insurance account for arbitration proceedings and litigation expenses. Mr. Riley made a motion to receive the communication and authorize the transfer of funds. Seconded by Mr. Nolan. Motion carried with Ms. Taborsak voting in the negative. 19 – COMMUNICATION – Request for Funds – Personnel Department Request from Director of Finance & Personnel Dena Diorio that the sum of $50,000 be transferred to the Personnel/Professional Services account from the Employee Health & Life Insurance /Cont to Employee Group Insurance due to cost of processing recruits for both Police and Fire. Mr. Cavo made a motion to receive the communication and authorize the transfer of funds. Seconded by Mr. Seabury. Motion carried unanimously. 20 - COMMUNICATION – Request for Funds – Registrars of Voters Certification from Director of Finance and Personnel Dena Diorio stating that the sum of $5,600 is available for the outside services account. The communication was received on the Consent Calendar and the transfer of funds approved. 21 – COMMUNICATION – Adopt a Triangle – Main and Elm Streets – WITHDRAWN 22 – COMMUNICATION – Request for Ad Hoc Committee – Point Driftwood 7 Page 7 of 22  Mr. Calandrino asked that this be referred to an ad hoc committee, the Planning Commission, Corporation Counsel, and the 911 Communications Coordinator. Mayor Boughton so ordered and appointed Council Members Seabury, Riley and Chianese to the committee. 23 – COMMUNICATION – Request for Sewer and Water Extensions – 12 Clapboard Ridge Road Mr. Trombetta asked that this be referred to an ad hoc committee, the Director of Public Works, the Corporation Counsel and the Planning Commission. Mayor Boughton so ordered and appointed Council Members Cutsumpas, McMahon and Rotello to the committee. 24 – COMMUNICATION – Lot Line Revision, Southern Boulevard and Brushy Hill Road Ms. Diggs asked that this be referred to the Corporation Counsel, the Tarrywile Park Authority, the Planning Commission and the Director of Public Works for reports back within thirty days. Mayor Boughton so ordered. 25 – COMMUNICATION – Request for Extension of Time – 99 Federal Road Request for an eighteen-month extension of time to install municipal water at 99 Federal Road. The communication was received on the Consent Calendar and the extension of time granted. 26 – COMMUNICATION – Request to Purchase City Property on Great Plain Road Request to purchase city property bordering land at 128 Great Plain Road. Mrs. McMahon asked that this be referred to the Corporation Counsel, the Director of Public Works and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered. 27 – COMMUNICATION – The Reserve Request from Deputy Corporation Counsel Eric Gottschalk requesting authorization for Mayor Boughton to execute a Conservation Restriction in connection with the development of the Reserve on the west side of Danbury. Mr. Nolan made a motion to receive the communication and authorize the Mayor to execute the agreement contingent upon a positive recommendation from the Planning Commission. Seconded by Ms. Saracino. Motion carried with Ms. Taborsak voting in the negative. 28 – COMMUNICATION – Wireless Edge Lease Mr. Trombetta asked that this be referred to an ad hoc committee, the Corporation Counsel, the Planning Commission, the Director of Finance and Personnel, the Director of Public Works and the Superintendent of Public Utilities. Mayor Boughton so ordered and appointed Council Members Saracino, Stanley and Perkins to the committee. 29 – REPORT & ORDINANCES & RESOLUTION – Public Safety Bond Issue Mr. Nolan submitted the following report: The Common Council met as a committee of the whole immediately following a public hearing on February 23, 2006 in the Common Council Chambers in City Hall. Ms. Saracino made a motion to recommend that an ordinance appropriating $49,200,000 for various public improvements be adopted. Seconded by Mrs. 8 Page 8 of 22  McMahon. Mr. Saadi asked about funding for the East Ditch. Mayor Boughton stated that this bond is not necessarily for the East Ditch but they are now looking at Phase II. Mr. Chianese asked if the bond would be floated in stages? Ms. Diorio said they borrow on a short-term basis and will permanently bond over several years as expenses are incurred. A discussion followed regarding bundling the questions or separating them. Ms. Taborsak stated that she was concerned that the garage will not pass and would like it to be part of the general bond. Motion carried unanimously. Mr. Cavo made a motion to adopt the ordinance appropriating $6,640,000 for the Library Place Garage – Phase II. Seconded by Mrs. Stanley. Following a question from Mrs. Basso, Mayor Boughton explained the situation concerning the parking deck and the garage. Ms. Taborsak asked for an accounting of the previous bond. Motion carried with Mrs. McMahon abstaining. Ms. Saracino made a motion to recommend approval of the ordinance appropriating $5,800,000 for improvements to the Water Pollution Control Plant. Seconded by Mr. Riley. Ms. Diorio explained the funding following a question from Mr. Nolan. Motion carried unanimously. AN ORDINANCE MAKING APPROPRIATIONS AGGREGATING $49,200,000 FOR VARIOUS PUBLIC IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $49,200,000 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY: Section 1. (a) The sums set opposite the public improvements hereinafter is hereby appropriated to meet the costs thereof including legal, administrative and other related costs, said appropriations to be inclusive of any and all Federal and State grants-in-aid thereof: Project Amount Public Works: Equipment and Vehicles $ 500,000 General Government: Revaluation 450,000 Sub-Total Ten Year Projects $ 950,000 Section 1. (b) The sums set opposite the public improvements hereinafter listed are hereby appropriated to meet the costs thereof, respectively, including costs of surveys, borings, easements, acquisitions, engineering, construction equipment, legal, administrative and other related costs, each of said appropriations to be inclusive of any and all Federal and State grants-in- aid thereof: Project Amount Police and Fire Police Department Headquarters $ 33,750,000 Public Safety Technology 2,000,000 9 Page 9 of 22  Equipment Replacement 1,750,000 Public Works: Paving, Draining and Related Improvements $ 1,000,000 Education: School Improvements $ 3,000,000 Sub-Total Twenty Year Projects $ 41,500,000 TOTAL ALL PROJECTS $ 42,450,000 Section 1.(c) Appropriation for contingency, Interest, legal and administrative costs $ 6,750,000 AGGREGATE APPROPRIATIONS $ 49,200,000 Section 2.(a) To meet the appropriation for the various public improvements included in subsection (a) of Section 1, and any portion of the appropriation for contingency, interest, legal and administrative costs allocated to such projects, bonds of the City shall be issued maturing not later than the tenth year after their date. Section 2.(b) To meet the appropriations for the various public improvements included in subsection (b) of Section 1, and any portion of the appropriation for contingency, interest, legal and administrative costs allocated to such projects, bonds of the City shall be issued maturing not later than the twentieth year after their date. Section 3.(a) The appropriations in subsection (a) of Section 1 may be expended with the approval of the Mayor and the Director of Finance for any of the projects or purposes set forth therein and the Mayor and the Director of Finance may approve transfers among the appropriations in said subsection upon a finding that any such appropriation or portion thereof is not needed for its respective purpose. Section 3.(b) The appropriation in subsection (b) of Section 1 may be expended with the approval of the Mayor and the Director of Finance for any of the projects or purposes set forth therein and the Mayor and the Director of Finance may approve transfer among the appropriations in said subsection upon a finding that any such appropriation or portion thereof is not needed for its respective purpose. Section 3.(c) The appropriation in subsection (c) of Section 1 may be expended with the approval of the Mayor and the Director of Finance in the discretion of the Mayor and the Director of Finance for the portion of such expenses allocated to any of the projects or purposes set forth in subsections (a) and (b) of Section 1. Section 4. The bonds authorized in subsection (a) and (b) of Section 2 may be issued in one or more series as determined by the Mayor and the Director of Finance and the amount of bonds of each series to be issued shall be fixed by the Mayor and the Director of Finance in the amount necessary to meet the City’s share of the cost of the project determined after considering the estimated amount of the State grants-in-aid of the project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and 10 Page 10 of 22  to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in full registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon. The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and the paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds including the rate or rates of interest shall be determined by the Mayor and the Director of Finance in the best interest of the City. Section 5. The bonds of each series shall be sold by the Mayor in a competitive offering or by negotiation, in his discretion. The bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation, provisions of the purchase agreement shall be approved by the Mayor, the City Treasurer and the Director of Finance. Section 6. The City Treasurer is authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the City Treasurer, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company designated by the City Treasurer pursuant to Section 7-373 of the General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, may be included as a cost of the improvements in Section1. Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. The City hereby expresses its official intent pursuant to 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this ordinance in the maximum amount and for the capital projects defined in Section 1 herein with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the City. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based 11 Page 11 of 22  upon its reasonable expectations as of this date. The Mayor or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds and to amend this declaration. Section 8. The Director of Finance is hereby authorized, on behalf of the City of Danbury, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to nationally recognized securities information repositories or state based information repositories (the “Repositories”) and to provide notices to the Repositories of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Any agreements or representations to provide information to Repositories made prior hereto are hereby confirmed, ratified and approved. Section 9. This ordinance shall become effective upon its approval at a Special City Meeting called by the Mayor for such purpose, pursuant to the revised City Charter. AN ORDINANCE APPROPRIATING $6,640,000 FOR LIBRARY PLACE GARAGE – PHASE II AND AUTHORIZING THE ISSUANCE OF $6,640,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY: Section 1. The sum of $6,640,000 is appropriated for the design and construction of a multi-level parking garage on Library Place, including contingency, interest, administrative, financing and other related costs. Section 2. To meet said appropriation $6,640,000 bonds of the City shall be issued maturing not later than the twentieth year after their date. Said bonds may be issued in one or more series as determined by the Mayor and the Director of Finance and the amount of bonds of each series to be issued shall be fixed by the Mayor and the Director of Finance in the amount necessary to meet the City’s share of the cost of the project determined after considering the estimated amount of the State grants-in-aid of the project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor, and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon. The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and the paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds including the rate or rates of interest shall be determined by the Mayor and the Director of Finance in the best interest of the City. 12 Page 12 of 22  Section 3. The bonds of each series shall be sold by the Mayor in a competitive offering or by negotiation, in his discretion. If sold in a competitive offering, the bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation, provisions of the purchase agreement shall be subject to the approval of the Mayor, City Treasurer and Director of Finance. Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds or notes. Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the City Treasurer, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford and be certified by a bank or trust company designated by the City Treasurer pursuant to Section 7-373 of the General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds or notes, shall be included as a cost of the Project. Upon the sale of said bonds or notes the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 5. The City hereby expresses its official intent pursuant to 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes or other obligations (“Bonds”) authorized to be issued by the City. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Mayor or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds and to amend this declaration. Section 6. The Director of Finance is hereby authorized, on behalf of the City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to nationally recognized municipal securities information repositories or state based information repositories (the “Repositories”) and to provide notices to the Repositories of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Any agreements or representations to provide information to Repositories made prior hereto are hereby confirmed, ratified and approved. 13 Page 13 of 22  Section 7. This ordinance shall become effective upon its approval at a Special City Meeting called by the Mayor for such purpose, pursuant to the revised City Charter. AN ORDINANCE APPROPRIATING $5,800,000 FOR IMPROVEMENTS TO THE WATER POLLUTION CONTROL PLANT AND AUTHORIZING THE ISSUANCE THE ISSUANCE OF $5,800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY: Section 1. The sum of $5,800,000 is appropriated for the design and construction of improvements to the Water Pollution Control Plant to remain in compliance with the Connecticut Department of Environmental Protection’s General Permit for Nitrogen Dischargers, including, but not limited to, Phase II digester cleaning and associated digester complex equipment upgrades, plant monitoring system upgrades and evaluation and implementation of plant upgrades for potential year round phosphorous removal requirements and or legal, administrative and related costs, said appropriation to be inclusive of any and all federal and State grants-in-aid thereof. Section 2. To meet said appropriation $5,800,000 bonds of the City shall be issued maturing not later than the twentieth year after their date. Said bonds may be issued in one or more series as determined by the Mayor and the Director of Finance and the amount of bonds of each series to be issued shall be fixed by the Mayor and the Director of Finance in the amount necessary to meet the City’s share of the cost of the project determined after considering the estimated amount of the State grants-in-aid of the project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative , printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor, and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon. The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and the paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds including the rate or rates of interest shall be determined by the Mayor and the Director of Finance in the best interest of the City. Section 3. The bonds of each series shall be sold by the Mayor in a competitive offering or by negotiation, in his discretion. The bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by 14 Page 14 of 22  negotiation, provisions of the purchase agreement shall be approved by the Mayor, the City Treasurer and the Director of Finance. Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the City Treasurer, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company designated by the City Treasurer pursuant to Section 7-373 of the General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them to the extent paid from the proceeds of such renewals or said bonds, may be included as a cost of the improvements in Section 1. Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 5. The Mayor is authorized in the name and on behalf of the City to apply for and accept any and all Federal and State loans and/or grants-in-aid of the project and is further authorized to expend said funds in accordance with the terms hereof and in connection therewith to contract in the name of the City with engineers, contractors and others. To meet any portion of the costs of the project determined by the State of Connecticut Department of Environmental Protection to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”), the City may issue interim funding obligations in anticipation of project loan obligations and project loan obligations in such denominations as the Mayor and Director of Finance shall determine. The Mayor and the Director of Finance are hereby authorized to determine the amount date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and the Mayor and City Treasurer are authorized to execute and deliver the same. Said obligations shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such obligation is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The Mayor is authorized to execute and deliver to the State in the name of and on behalf of the City Project Loan and Project Grant Agreements under the Clean Water Fund Program. Section 6. The City hereby expresses its official intent pursuant to 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this ordinance in the maximum amount and for the capital projects defined in Section 1 herein with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the City. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Mayor or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. 15 Page 15 of 22  Section 7. The Director of Finance is hereby authorized on behalf of the City of Danbury, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to nationally recognized municipal securities information repositories or state based information repositories (the “Repositories”) and to provide notices to the Repositories of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Any agreements or representations to provide information to Repositories made prior hereto are hereby confirmed, ratified and approved. RESOLVED by the Common Council of the City of Danbury: RESOLUTION PROVIDING FOR SPECIAL CITY MEETING RESOLVED: That the ordinance entitled “An Ordinance Making Appropriations Aggregating $49,200,000 For Various Improvements And Authorizing The Issuance Of $49,200,000 Bonds of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making of Temporary Borrowings For Such Purpose”, the ordinance entitled “An Ordinance Appropriating $6,640,000 For Library Place Garage – Phase II And Authorizing The Issuance Of $6,640,000 Bonds of the City to Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose” and the ordinance entitled “An Ordinance Appropriating $5,800,000 For Improvements To The Water Pollution Control Plant And Authorizing The Issuance of $5,800,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, be submitted for approval or disapproval at a Special City Meeting to be called by the Mayor pursuant to Section 7-10(a) of the Revised City Charter and held Tuesday, May 9, 2006 between the hours of 6:00 o’clock A.M. and 8:00 o’clock P.M., that the Warning of said meeting state the questions to be voted on as follows: Shall the ordinance entitled “An Ordinance Making Appropriations Aggregating $49,200,000 For Various Public Improvements And Authorizing The Issuance of $49,200,000 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Common Council at its meeting held March 7, 2006, be approved? Shall the ordinance entitled “An Ordinance Appropriating $6,640,000 For Library Place Garage – Phase II And Authorizing The Issuance of $6,640,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Common Council at its meeting held March 7, 2006, be approved? Shall the ordinance entitled “An Ordinance Appropriating $5,800,000 For Improvements To The Water Pollution Control Plant And Authorizing The Issuance Of $5,800,000 Bonds Of The City to Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, be adopted by the Common Council at its meeting held March 7, 2006, be approved? RESOLVED by the Common Council of the City of Danbury: That the Mayor be authorized and directed to call a Special City Meeting to be held on Tuesday, May 9, 2006 between the hours of 6:00 o’clock A.M. and 8:00 o’clock P.M, at the several voting districts of the City to consider and take action upon the aforesaid proposed ordinances, and that the notice of said Special City Meeting be in substantially the following form: LEGAL NOTICE 16 Page 16 of 22  WARNING NOTICE OF SPECIAL CITY MEETING The electors of the City of Danbury and qualified voters entitled to vote in a City Meeting are hereby warned and notified to meet where such persons are entitled to vote on Tuesday, May 9, 2006 between the hours of 6:00 o’clock A.M. and 8:00 o’clock P.M. for the purpose of approving or disapproving the following questions: 1. “Shall the ordinance entitled ‘An Ordinance Making Appropriations Aggregating $49,200,000 For Various Public Improvements And Authorizing The Issuance of $49,200,000 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose’, adopted by the Common Council at its meeting held March 7, 2006, be approved?” The form of the question and the ballot label on the voting machine shall be as follows: “Shall the Ordinance Making Appropriations Aggregating $49,200,000 For Various Public Improvements And Authorizing The Issuance Of $49,200,000 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose Be Approved? YES/NO” 2. “Shall the ordinance entitled ‘An Ordinance Appropriating $6,640,000 For Library Place Garage – Phase II And Authorizing The Issuance Of $6,640,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose’, adopted by the Common Council at its meeting held March 7, 2006, be approved?” The form of the question and the ballot label on the voting machine shall be as follows: “Shall the Ordinance Appropriating $6,640,000 For Library Place Garage – Phase II And Authorizing The Issuance Of $6,640,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose Be Approved? YES/NO” 3. “Shall the ordinance entitled ‘An Ordinance Appropriating $5,800,000 For Improvements To The Water Pollution Control Plant And Authorizing The Issuance Of $5.800,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Common Council at its meeting held March 7, 2006, be approved?” The form of the question and the ballot label on the voting machine shall be as follows: “Shall The Ordinance Appropriating $5,800,000 For Improvements To The Water Pollution Control Plant And Authorizing The Issuance Of $5,800,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose Be Approved? YES/NO” The vote will be by voting machine. Those desiring to vote in favor of the adoption of the ordinances shall place the pointer over the question on the voting machine at “YES”. Those desiring to vote against the adoption of the ordinances shall place the pointer over the question on the voting machine at “NO”. 17 Page 17 of 22  Electors of the City of Danbury and qualified voters are entitled to vote. A qualified voter is any citizen of the United States of the age of eighteen years or more who, jointly or severally, was liable to the City for taxes assessed against him based on an assessment of not less than $1,000 on the last completed grand list of the City or who would have been so liable if not entitled to an exemption as a blind person or as a veteran or as a widow or parent of a veteran. Electors will be entitled to vote at the polling place in their respective voting districts. Polling places will be located in the following districts: Ward No. 1: Danbury High School, 43 Clapboard Ridge Road Ward No. 2: Pembroke School, 34 Pembroke Road Ward No. 3: Broadview Middle School, 72 Hospital Avenue Ward No. 4: Shelter Rock School, 2 Crows Nest Lane Ward No. 5: Danbury War Memorial, Memorial Drive Ward No. 6: Park Avenue School, 82 Park Avenue Ward No. 7: Mill Ridge Intermediate School, 1 School Ridge Road Qualified voters will be entitled to vote at the polling place in the Conference Room on the second floor of City Hall, 155 Deer Hill Avenue, Danbury, Connecticut. The polls in said districts and at the City Hall will be open during the hours between 6:00 o’clock A.M. and 8:00 o’clock P.M. Said vote is being held pursuant to Section 7-10(a) of the Revised Charter of the City of Danbury, approved by the electors November 6, 1990. The full text of aforesaid ordinances is on file, open to public inspection, in the City Clerk. Dated at Danbury, Connecticut, this _______day of________, 2006. Mrs. Stanley made a motion to receive the report, adopt the resolutions and refer the ordinances to referendum. Seconded by Mr. Rotello. Motion carried unanimously. 30 – REPORT & RESOLUTION – Task Force on Homelessness Ms. Saracino submitted the following report: The Common Council Committee appointed to review the report from the Task Force on Homelessness met on February 15, 2006 at 7:00 P.M. In attendance were committee members Saracino, McMahon and Rotello. Also in attendance were Director of Welfare Deborah MacKenzie, Chairman of the Task Force Dianne Yamin, and Council Members Chianese, Taborsak and Teicholz. Ms. Saracino asked Judge Yamin for an overview. She stated that the process began in January 2005 as part of a federal initiative and a state effort. The goal was to find a humanitarian, cost-effective way to manage homelessness through permanent supportive housing. New units are created and existing units are refurbished. Support services are provided to those who live in these units. Special needs such as drug addictions and mental illness are addressed. The plan is a ten-year plan. Funding is available from the State. Partnership for Strong Communities will advocate for funding for the services portion. There are four significant areas – the need for a centralized point of entry for consumers; the need to cultivate linkages between all stakeholders; the need for counseling and financial assistance to low and moderate income populations; and the need to prevent homelessness precluding eviction or foreclosure. The City will designate a department to oversee the plan. Mr. Rotello asked for an explanation of the security deposit program. Ms. MacKenzie stated that three years ago the United Way took a look at the 18 Page 18 of 22  emergency aid network. There is now the Key Rings Program, which is a one-stop shop for security deposits. The applicant calls TBICO, is screened and a determination is made as to eligibility for a loan or grant. A requirement is that the applicant must participate in budget management and must share financial life with the agency. Ms. Taborsak asked if the Key Rings Program is open only to families from Danbury. Ms. McKenzie said there are designated funds for Danbury families. Grants are obtained from banks and a number of other sources. CDBG funds are designated only for Danbury families. Ms. Taborsak asked what percentage of funds is designated for Danbury? Ms. MacKenzie believed it to be between 25 and 30 percent. Mr. Chianese stated that he is concerned about duplication of services. Ms. MacKenzie said that Community Action Agency has $50,000 in back rent money, as does the City. Back rent dollars are not easily accessed. Decisions are not timely enough. Agencies try to spend federal dollars first, then State funds and try to keep the more flexible dollars. Agencies that are currently involve needed to understand where they are falling down and need to do a better job. The Key Rings Program will come together to develop the system to lessen the duplication. The implementation piece gives the responsibility to the Danbury Housing Partnership. The City will have a better handle on how the steps are proceeding. The Task Force felt that one entity should oversee the plan. The Danbury Housing Partnership would have the authority to monitor what is going on in housing development. Mrs. McMahon made a motion to receive the report of the task force and adopt the resolution. Seconded by Mr. Rotello. Motion carried unanimously. RESOLVED by the Common Council of the City of Danbury: WHEREAS, the condition of homelessness impacts all sectors of the community and as a result, an effective solution to the problem requires a coordination of effort; and WHEREAS, in order to address this pervasive problem the Mayor of the City of Danbury created the Task Force to End Homelessness in Ten Years; and WHEREAS, the Task Force has carefully considered all available options and has developed the Plan to End Homelessness in Ten Years. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT: 1. The City of Danbury does hereby accept and approve the Plan to End Homelessness in Ten Years and does hereby endorse its aim of eliminating chronic and long-term homelessness by the year 2015. 2. The City of Danbury shall take measures necessary to implement the Plan, subject to the availability of resources in any given budget year. The report was receive on the Consent Calendar and the resolution as recommended by the committee approved and the plan developed by the Mayor’s Task Fore to End Homelessness in Danbury accepted. 31 – REPORT – Boxwood Lane Water Tank Mr. Cutsumpas submitted the following report: The Common Council Committee appointed to review a lease amendment for the Boxwood Lane water tank met on February 27, 2006 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Cutsumpas and Saracino. Also in attendance were Director of Public Works William Buckley, Assistant Corporation Counsel Les Pinter, Fire Chief Peter Siecienski and Communications Coordinator Patrick Sniffen. 19 Page 19 of 22  Chief Siecienski stated that in investigating a site at Western Connecticut State University for the installation of communication equipment, it was determined that a better location for the equipment would be the water tank on Boxwood Lane. All parties were in agreement that a small antenna on the tank would be no problem. Mr. Buckley told them that the existing lease was not approved for anything except taking care of the water tank. It was agreed that the lease needed to be revisited. Attorney Pinter said the lease was signed in 1981 for fifty years with a fifty- year renewal option. The lease would stay the same except for adding language to add the radio receiver to the tank. The main clause is paragraph four that expands the intended use of the site for the installation, operation and maintenance of radio receivers and related appurtenances designed to receive radio signals and relay them to the Danbury Fire Department via dedicated radio-telephone circuits. He stated that the lease is subject to different approvals contained in paragraph 4. It must be executed by the State Department of Public Works. Mr. Buckley stated that there needs to be a modification of the easement pertaining to the two-foot strip of land previously owned by Topstone Hydraulic. Ms. Saracino made a motion to recommend approval of the lease agreement subject to the necessary State and University approvals, pending a positive Planning Commission recommendation and the modification of the land easement. Seconded by Mr. Cutsumpas. Motion carried unanimously. The report was received on the Consent Calendar and the lease amendment for the Boxwood Lane water tank approved, pending a positive report from the Planning Commission. 32 – REPORT – Adopt a Triangle – White Street and Hartell Drive Mrs. Teicholz submitted the following report: The Common Council Committee appointed to review the request to adopt-a- triangle at White Street and Hartell Drive met on February 27, 2006 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Teicholz, Seabury and Taborsak. Also in attendance were Assistant Corporation Counsel Les Pinter, Director of Public Works William Buckley, Chief of Police Alan Baker and Council Members Cutsumpas and Saracino, ex-officio. Mr. Vargas arrived at 7:15 P.M. Mr. Buckley stated that this triangle is on Hartell Drive if you were to take a left from the one-way section of White Street. Mr. Vargas wants to adopt this triangle, do some planting and keep it clean. He is not sure how big a sign Mr. Vargas would want, but there is not much room there. He has no objection to lights or plants but he would have to work with Mr. Vargas to make sure there is no sight-line problem. This should be approved subject to conditions of the Corporation Counsel and Public Works. Attorney Pinter said there is already a precedent license agreement, which is less permanent and less restricting than a lease. It provides that in accordance with whatever the Council approves, the petitioner would agree to maintain the property, hold the City harmless, provide insurance and indemnify the City and not destroy the property by doing something strange. If the Council wants a license agreement he would have Mr. Buckley and Chief Baker consult with him on what they would need in the agreement. Chief Baker said is only concern is the sight line. He suggested that geraniums be planted rather than bushes. Mr. Vargas said he would like to do some plantings and perhaps a flagpole. He would ask the City to put up some kind of barrier because he does not want people to get hurt. He asked if the City water trucks could water the area. Mr. Buckley said he interpreted that the maintenance would include 20 Page 20 of 22  watering and weeding. He said his employees are already on overtime to keep up with watering. He would have to rely on Mr. Vargas for watering. Mr. Vargas said a flagpole would not need watering. Mr. Buckley said it would have to be lighted. If a car hit it, would Mr. Vargas replace it? Mr. Vargas said he would. Mr. Buckley said he would suggest starting with planting and maintenance and see how it goes. Mr. Seabury made a motion to recommend approval subject to the City being held harmless, a license agreement negotiated by the Corporation Counsel with input by the Public Works Director of the Police Chief and the petition shall provide insurance. Seconded by ms. Taborsak. Motion carried unanimously. Mr. Seabury made a motion to receive the report and take no action. Seconded by Mr. Nolan. Motion carried unanimously. 33 – DEPARTMENT REPORTS – Police Chief, Fire Chief, Public Works, Welfare and Social Services, Elderly Services, Parks and Recreation, Health and Housing. Mr. Nolan made a motion to accept the department reports as submitted and waive the reading as all members have copies. Seconded by Ms. Saracino. Motion carried unanimously. 34 – COMMUNICATION & RESOLUTION – Municipal Transportation Grant Program for Seniors and Person with Disabilities Mr. Nolan made a motion to add this item to the agenda. Seconded by Mr. Cavo. Motion carried unanimously RESOLVED by the Common Council of the City of Danbury: WHEREAS, the Connecticut General Assembly has enacted and funded a municipal grant program available to any municipality committed to providing transportation responsive to the needs of seniors and persons with disabilities; and WHEREAS, in order to collaborate in a regional effort, DOT is encouraging transit districts such as HART, to apply as coordinating entities for groups of municipalities; and WHEREAS, Danbury’s apportionment is currently $67,134 per year with no additional local matching fund requirement; and WHEREAS, in order to participate in a coordinated application, the City must submit a certification assigning its state apportionment to HART together with a certification attesting that funds will not be used to reduce our municipal transportation commitment; and NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT Mayor Mark D. Boughton be and hereby is authorized to provide or arrange for the provision of the certifications required in order for HART and the City of Danbury to qualify for the grant described herein and to take such additional action as may be necessary to appropriate in order to accomplish the purposes hereof. Mrs. Basso made a motion to receive the communication and adopt the resolution. Seconded by Mr. Saadi. Motion carried unanimously. There being no further business to come before the Common Council a motion to adjourn was made by Ms. Saracino. Respectfully submitted, 21 Page 21 of 22  _______________________ JIMMETTA L. SAMAHA, Clerk ATTEST: _________________________ MARK D. BOUGHTON, Mayor 22 Page 22 of 22